قاعدة مراعاة العرف في الفتوى المالكية و أثرها في خصوصية النوازل الفقهية في الغرب الإسلامي : المعيار المعرب للونشريسي نموذجا

الملخص EN

The rule of custom in the El-Maliki fatwaand its Impact on the Aspect of Jurisprudence in the Islamic WestArabized Standard of the Wencharissi as a Model Islamic law came and a lot of human norms inherent in the soul.

It followed a sage attitude characterized by gradation and depth of treatment, and identified a general framework.

It did not allow for such usages to surpass it regardless of the degree of strength in the soul.

It kept the practices belonging to divine rules and built on a lot of Judgments, while it excluded all what infringed law wisely and deliberately.

Alwencharissi explained through some jurisprudential descendants and Fatawa many of the traditions and customs of Maghreb in the Islamic era, which correspond with al-Sharea, and the other incompatible with it, including speaking out cheers in front of funerals, and the celebration of the birth of the Prophet, and the celebration of the birth of their children.